When you and your tenant sign a lease, you are making a legal commitment that you have to abide by. The lease sets the rules and regulations to be followed inside the property, and they include the landlord too. Let’s remember that the landlord can also be accused of lease infringement. If you as the landlord don’t follow the lease agreement fully, you can also be sued by the tenant, even if they don’t have much money to do so (they can opt to use the service of a public attorney).
So, if you want to have a healthy relationship with your tenant, and one that doesn’t subject you to legal problems, you ought to read this article and learn a bit about how to deal properly with tenants.
Landlords have rights too
Landlords have rights, and one of their main rights is getting their deserved monetary compensation from the person living on or using their property. This, of course, refers to the exact amount of rent the tenant agreed to pay. Landlords, according to state laws, can also generate an eviction notice and effectively pursue an eviction process. Written Notices of Termination are also very useful documents to conduct a lawful eviction.
In the lease, the legal document that the landlord and tenant have signed, there are explicit stipulations that both of them must follow. But often the landlord has special or very particular terms and conditions for their rental properties. These terms must be, of course, stipulated within the boundaries of the law, and then, landlords can expect tenants to follow them strictly. Otherwise, at the discretion of the landlord, they can pursue an eviction process and effectively get rid of the problems a non-abiding tenant can bring to the property rental.
Landlords can evict even for the most insignificant of lease infringements, no matter how vulnerable the tenant’s situation might be. This, of course, can sound harsh, but that is the reason the eviction process is under the discretion of the landlord. If the landlord decides not to evict, but instead give some grace to the tenant to pay later, it is up to the landlord’s compassion or patience to decide this. Under the law, though, if the tenant is late with the rent or does not pay, the landlord can evict.
Landlords also have responsibilities
Your responsibilities and rights as a landlord are counterbalanced by the options and rights your tenant might have. However, there are general guidelines that a landlord must follow to have a just relationship with the tenant.
Landlords must provide a space that is adequate and safe for living. This is a space that guarantees the safety, security and well-being of the tenant. Doors have to be appropriately prepared to ensure that burglars and other intruders do not easily gain entry. The unit has to be as described in the lease, and all of the amenities that the landlord described or promised beforehand must be provided.
It is also important to consider that the landlord maintain the premises in their original state over time. It is considered a lease violation if the landlord does not repair or maintain the space they are renting.
Another important aspect to consider is the right of the landlord to enter the inhabited part of the property occupied by the tenant. It is true that the landlord is the legal owner, but tenants have a constitutional right to privacy. The law is very clear on the fact that a landlord should give the tenant notice before entering the property, in case they have to check for the status and wellbeing of the property or if they have to make repairs. The law specifies the amounts of time required to give this notice before effectively entering the property.
What gives the landlord the right to evict a tenant?
- Not paying the rent on time
- Disturbing other tenants
- Damaging the property (which can lead to other legal actions)
- And, basically every violation of the previously signed lease
